I refer you to the judgment summary.
Australian Competition and Consumer Commission v TPG Internet Pty Ltd
Consumer law – Misleading or deceptive conduct – Whether respondent’s advertisements breached Trade Practices Act 1974 (Cth) (“TPA”) and Australian Consumer Law – Whether “dominant message” approach correct – Whether ordinary and reasonable consumer would have starting assumption that advertised internet service was bundled with telephony service – Whether consumers must consider whole of advertisement (including small print or quickly spoken detail) to correct otherwise misleading headline representations.
Consumer law – Pecuniary penalties – Whether Full Court of Federal Court failed to adequately consider specific and general deterrence in reducing pecuniary penalty – Whether reduced pecuniary penalty manifestly inadequate – Whether primary judge correctly assessed number and classes of contraventions.
Words and phrases – “dominant message”.
David Cormack – Brisbane Barrister.